Rules 142 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part IV of the Rules (rules 142 to 156) is about the people who may act as trademarks agents before the Registry. Rule 142 says what the Register of Trademarks Agents contains. Rule 143 deals with agents already on the register under the earlier law and with a code of conduct.
The Registrar of Trade Marks maintains a Register of trademarks agents recording each registered agent's name, residential address, principal place of business address, nationality, qualifications and date of registration (rule 142). Anyone whose name was on the register under the old law is deemed registered under these Rules, "notwithstanding" the qualifications in rule 144 (rule 143(1)). The Registrar may publish a code of conduct in the Journal for registered agents (rule 143(2)).
The Act behind the rules
Section 145 of the Trade Marks Act, 1999 recognises trade mark agents; see our article on Sections 145–146. The Rules in Part IV supply the detail: the register, qualifications, application, examination, certificate, removal and appeal. If you are looking for a registered agent, or considering becoming one, our legal consultation team can explain how Part IV works. For the wider picture of how the Registry operates, see our complete guide to the Trade Marks Act, 1999.
Rule 142: the Register of Trademarks Agents
"The Registrar of Trade Marks shall maintain a Register of trademarks agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered trademarks agent."
| Particular entered | Why it matters |
|---|---|
| Name | Identifies the agent |
| Address of the place of residence | Personal address of the agent |
| Address of the principal place of business | Where the agent works; also decides which office receives applications (rule 146) |
| Nationality | Relevant to the citizenship requirement in rule 144(i) |
| Qualifications | Shows the basis of registration (graduate with examination, advocate, or company secretary, under rule 144) |
| Date of registration | Starting point of the registration, which subsists to the end of the financial year (rule 149) |
Points to note:
- The duty is mandatory: the Registrar "shall maintain" the register.
- The list of entries is as printed. It does not mention a registration number, e-mail or telephone number; the rule is silent on those.
- Rule 154 later allows the agent to apply for alteration of the name, addresses or qualifications, and rule 155 provides for publication of the list.
An invented example: Ravindra Menon, a graduate who has passed the Registrar's examination, is enrolled as a trademarks agent. The register carries his name, his home address, the address of his firm, his nationality (Indian), his qualifications and the date of registration.
Rule 143(1): agents already on the old register
"Notwithstanding anything contained in rule 144, every person whose name has been entered in the register of trademarks agents maintained under the old law shall be deemed to be registered as a trademarks agent under these rules."
Elements:
- "Notwithstanding anything contained in rule 144": the new qualifications do not have to be met again. Rule 144 is the rule that sets age, citizenship, qualification and fitness requirements.
- "Old law" is a defined term in rule 2 of these Rules (covered in our article on the definitions). The rule here does not restate it.
- Deemed registration: the person is deemed registered "under these rules", so the agent does not need a fresh application in Form TM-G.
The rule does not say whether the deemed registration carries the old date of registration, or what fee the agent must pay to continue. Rule 150 makes the continuance of a name in the register subject to the fees in the First Schedule; the transition is not otherwise described, and the text is silent on it.
An invented example: Sunita Kapoor was on the register under the earlier Trade Marks Rules before 2017. When these Rules came into force she became deemed registered under them without sitting the examination again or filing Form TM-G, even if she would not meet the new conditions.
Rule 143(2): code of conduct
"The Registrar may publish in the Journal a code of conduct for the registered trademarks agent authorising them to act as such."
- The power is discretionary: the Registrar "may" publish.
- Where: the Journal.
- Subject: a code of conduct for registered agents "authorising them to act as such".
- The text of the Rules as notified does not set out the code itself. The reader should look for any code published in the Journal rather than assume its content. The Rules do not say what happens on a breach, but rule 151(2)(b) allows removal where the Registrar has declared an agent not fit and proper "by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity", and rule 145(vii) debars a person held guilty of professional misconduct by the Registrar.
A code of conduct, where published, therefore connects to the removal rules, though the rules do not link the two in terms.
Rules 142 and 143 at a glance
| Rule | Subject | Who acts | Key point |
|---|---|---|---|
| 142 | Register of trademarks agents | Registrar | Records six particulars of every registered agent |
| 143(1) | Existing agents | Operation of the Rules | Deemed registered under these Rules, notwithstanding rule 144 |
| 143(2) | Code of conduct | Registrar | May publish in the Journal |
Need help understanding who can act for you?
Whether you are choosing an agent or checking one's standing, the register is the starting point. TaxClue's legal consultation team can explain Part IV of the Rules and how it fits with filing and representation before the Registry.
Key takeaways
- The Registrar must maintain a Register of Trademarks Agents with name, residential address, business address, nationality, qualifications and date of registration (rule 142).
- Persons on the old-law register are deemed registered under these Rules without meeting rule 144 again (rule 143(1)).
- The Registrar may publish a code of conduct in the Journal (rule 143(2)).
- The Rules do not set out the code's content; check the Journal.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 144–145: Qualifications and persons debarred from registration as a trademarks agent
- Rules 146–149: Agent's application, procedure, qualifying requirements and certificate
- Introduction to the Trade Marks Act, 1999: A Complete Guide
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.